Prof. Josh Chafetz: The Filibuster Was Already Dead before the Senate Went Nuclear

Cornell Law School Professor Josh Chafetz writes in the Washington Post:

“[T]he truth is, there’s less to the theatrics than meets the eye. The filibuster for Supreme Court nominees was already dead — it just hadn’t stopped moving quite yet. Before Democrats vowed to filibuster Gorsuch’s nomination, they almost certainly knew that using the tactic would mean its elimination. And this may not be the last nuclear option detonated, either: The history of Congress shows that once parliamentary tools become big enough obstacles for the majority party, they are abolished or reformed. If Senate Democrats stymie Republicans enough over the next few years, the legislative filibuster could soon be gone, too….”


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Topics: Legislative Procedure
Tags: Josh Chafetz